Bail Before Arrest in 420, 416,414 PPC

IN THE COURT OF DISTRICT JUDGE AT  KARACHI CENTRAL

B.B.A. No.____/12

 Muhammad Hanif

Son of Abdul Shakoor, Muslim, adult,

R/o. House #. 513/5-B,

Liaqatabad,

Karachi.    …………………..……………………………… APPLICANT

VERSUS

The STATE      ……………………………………….   RESPONDENT

FIR No. 138/12

U/S. 420/416/414 PPC

P.S. Gulberg

                                                                            

THIS IS FIRST BAIL

BEFORE APPLICATION

BAIL BEFORE ARREST APPLICATION U/S. 498 CRPC

It is respectfully submitted on behalf of the abovenamed accused/Applicant that this Hon’ble Court may be pleased to enlarge him on bail in consideration of the following facts and grounds: -

BRIEF FACTS

As per an FIR, the Complainant , Muhammad Ali stated:

“I am living at the above address, doing personal business, and since  many years deal with Golden Pvt. Ltd. Co., on 28-07-2011, the said Co. gave me a Cheque bearing No. 9013011, when I inquired about the said Cheque then I was told that on 11-08-11, one person namely Hanif who got cashed the amount of Rs.138500/= having deposited in Muhammad Ali’s Bank  Account No. 0045-2, when I contacted to Muhammad Ali who assured that he will make amount back to me from M. Hanif and now Hanif is excusing to one pretext to other and extends  threats for dire consequences. Hence this report.”

GROUNDS

1.            That the Applicant is quite innocent and story in this case is false and fabricated by the complainant on instance of TPO & due to enmity, and there is apprehension to be arrested by the said police for the ulterior motives.

2.            That the Applicant is a poor person and belongs to respectable family this case has been made mala fidely for just to harass and humiliate in eyes of the society, as there is delay of more than 5 months in lodging the FIR which shows that the story is manipulated and well conceived.

3.            That the allegation leveled in the FIR are Civil nature case.

4.            That the other main Co-accused has been granted bail by the Hon’ble Adl. Session Judge Karachi Central.

5.            That from perusal of the contents of FIR it is very clear that the complainant has concocted a story, , and no prima facie case is made out under Section 420/416/414 PPC which has been registered under the instructions of TPO without taking into consideration and applying his mind on the contents of the complaint .

6.            That the present crime is not punishable with 10 years or R.I or more, hence it does no fall within ambit of prohibitory clause of section 497 Cr.PC.

7.            That the applicant is not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor he will abscond and he will join the prosecution for investigation, as he is permanent resident of Karachi.

8.            That if the accused/applicant is not released on bail he will not be able to defend him properly and he shall be suffered irreparable loss which cannot be measured monetorily and will be humiliated in the eyes of the society.

9.            That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon’ble Court.

10.         That other ground may be argued at the time of hearing of this bail application.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to grant him bail before arrest under the fact and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: 30/04/12.                                                                                    

S M ZUBAIR

Advocate for the Applicant

IN THE COURT OF DISTRICT JUDGE AT  KARACHI CENTRAL

B.B.A. No.____/12

Muhammad Hanif    …………………..………       APPLICANT

VERSUS

The STATE      ……………………………………  RESPONDENT

                       

AFFIDAVIT

I, Muhammad Hanif Son of Abdul Shakoor, Muslim, adult,

R/o. House #. 513/5-B, Liaqatabad, Karachi, do hereby state as under: -

1.            That I am The Applicant/Deponent of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

2.            That I have filed no such Bail Before Application before this.

3.            That the accompanying application has been drafted and filed under my express instructions and the same may be treated as part and parcel of this affidavit, the contents of the accompanied application has not been reiterated for the sake of brevity.

4.            That unless the accompanying application is not allowed I shall suffer irreparable loss, which cannot be measured monetarily.

5.            That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.

Dated: 30/04/12.

____________

DEPONENT

CNIC #. 42101-6876199-9

The Deponent identified by me.

 S M ZUBAIR

(ADVOCATE)

                   Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS

Application Under Section 491 Cr.P.C

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI WEST

Cr. Misc. Appl. No. Nil /11.

                                                                                   

Mst. ABC           ………………………………..                  APPLICANT

VERSUS

1.     Syed AZHAR Ahmed


2.     S.H.O.
P.S. Pak Colony
Karachi                      ...………………                                RESPONDENTS

Syed Muhammad Azeen Ahmed   ………………            DETENUE

                

APPLICATION U/S 491 Cr.P.C

          It is respectfully prayed on behalf of the applicant abovenamed that this Hon’ble Court may be pleased to direct the respondent No. 2 to recover the detenue before this Hon’ble Court on consideration of following facts and grounds.

FACTS & GROUNDS

The applicant above named respectfully submits as under:

1.    That the applicant was married with respondent on 8th September 2003, and rukhsati taken place on same date. (Copy of Nikahnama is attached herewith as annexure “A”).

2.    That after marriage one issue was born namely Syed Muhammad Azeen Ahmed mentioned above. (Copy of Birth Certificate is attached herewith as annexure “B”).

3.    That on 10 th March2011, both the parties decided to leave each other and the applicant divorced to the respondent on 26 th March 2011, and a Divorced Deed draft by the respondent and sent to the respondent parents house which was received by the respondent. (Copy of Divorced Deed is attached herewith as annexure “C”).

4.    That the respondent has divorced the applicant and now they have no connection each other and the detenue was legally in custody of the applicant/mother.

5.    That on 26/03/2010 the respondent No.1 came at the house of the applicant and forcibly, illegally, unlawfully, without due course of law snatched the custody of minor from the applicant, and have put the detenue in habeas corps in their house amounting to abduction and as such the detenue is liable to be discovered from their illegal detention.

6.    That the applicant is real mother of the detenue and is liable to file this Misc. Application before this Hon’ble Court.

7.    That the detenue is minor and need love and care of his mother.

8.    That the respondent No.1 who malafidely and due to ulterior motives kept the custody of minor detenue and even not allowing the applicant to see the face of the minor and due to reason the detenue is under acute tension and last her peace of mind being away from her mother.

9.    That as per credible information received by the applicant, the respondent No. 1 has not looking after being a father, and the applicant has great apprehension of the bad health of the minor.

10. That the minor/ detenue has become miserable being away from his mother, the applicant, as the respondent No. 1 not allowing to the applicant to visit/meet the minor/detenue.

11. That the minor/detenue is being treated cruelly by the respondent No.1, the respondent has demonstrating his negligence towards the food and other necessities of life of minor/detenue.

12. That due to cruel and inhuman attitude of the respondent No.1 towards the minor/detenue, there is a serious apprehension that the health, mental condition and the future of minor/detenue shall be destroyed, if he is kept away from the applicant and in the illegal and unlawful custody of the respondent No.1.

13. That further grounds shall be submitted at the time of hearing of this application.

PRAYER

It is respectfully prayed, on behalf of the applicant, above named, that Hon’ble Court may graciously be pleased to direct the respondent No.2 to recover the detenue from wrongful private confinement of the respondent No. 1 and to produce the detenue before this Hon’ble court and also take legal action against the respondent No.1 who has illegally put the minor/detenue in his wrongful private confinement amounting to abduction.

Prayer is made in the larger interest of justice.

Karachi.

Dated:

Applicant

Identified by me

                                                                               

S M  ZUBAIR

(ADVOCATE)

VERIFICATION

                    I, Mst. ABC, Muslim, adult, R/o. of Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi.    

Dated: ------/09/11.                                                               

                                                                                                    Deponent/Applicant

The deponent identified by me

                                                                               

                                                                                                            S M  ZUBAIR

(ADVOCATE)

 Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI WEST

Cr. Misc. Appl. No. Nil /11.

                                                                                   

AFFIDAVIT IN SUPPORT OF APPLICATION

UNDER SECTION 491 Cr.PC

I, Mst. ABC, Muslim,adult, R/o. House No. C-161, Hasrat Mohani Colony, Manghpir road, S.I.T.E. Town, Karachi, do hereby state on oath as under:

1.               That I am APPLICANT in above titled suit and deponent of this affidavit, as such am fully conversant with the facts of the matter deposed herein:

2.               That the accompanying application APPLICATION UNDER SECTION 491 Cr.PC for issuance of WRIT OF HABEAS CORPS has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity.

3.               That I say that I have a good prima facie case, and balance of convenience lies in my favour and until and unless accompanying application is granted as prayed I will be seriously prejudiced and shall suffer irreparable loss.

4.               That  I say that whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                                                                           

Dated: ­­   /03/2012.

Deponent/Applicant

The deponent identified by me

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS

Execution Form

IN THE  COURT  OF                      JUDGE  AT KARACHI  ------

Civil Suit No.        /20     .

Execution Application No.        /201     .

 I,                               son of               , the Decree Holder, do hereby apply for the execution of the decree herein below set forth.

1.    Name of Suit/Case	Suit No.         /20
2.    Name of Parties to suit	……….. PLAINTIFF/D.H. VERSUS ……….. PLAINTIFF/J.D.
3.    Date of Decree	00-00-2000
4.    Payment or adjustment if any.	Nil
5.    Whether appeal preferred from the J/D.	No Appeal preferred or pending against the said judgment & decree.
6.    Previous application, if any with result.	Nil
6-A. assignment	Nil
7.    Amount with interest up the decree or order other relief granted thereby with particulars of and cross decree.	Nil
8.      Amount of costs if any awarded.	Nil
9.    Total Amount	00/=
10.  Against whom to be executed.
11.  Mode in which the assistance of the Courts is required. By attachment and sale of movable property viz. …. Articles belonging to the judgment debtor in his possession, to be pointed out to the bailiff of this

Karachi.

Dated:

DECREE HOLDER

I,                               son of                , holding CNIC No. the above named, Decree Holder/applicant, do hereby declare that whatever stated above is true and correct to the best of my knowledge and belief.

APPLICANT

S M ZUBAIR

Advocate for Applicant